By Pascale Gelly
Law to Create Trust in Digital Economy
The Commission of Economic Affairs of the National Assembly is working on a report to analyze the impact of this Law of June 21, 2004. According to La Gazette du Net, a pre-draft, not-yet-final, criticizing some court decisions (Tiscali, MySpace) would insist on maintaining the distinction between hosts and publishers. Indeed, hosts are subject to a limited liability regime under which they cannot be held liable for content unless they have been informed that their services are used to publish unlawful content and they have not deleted it promptly. The report would also call for a specific regime for auction sites, considering that the characterization of hosts is not entirely appropriate.